Complex Business Litigation
Represents Celador International, Ltd., the creator of the highly successful television show "Who Wants to Be a Millionaire?” in a dispute over show profits. Serving as lead trial counsel, obtained an award for Celador from a federal jury for $270 million against Disney and its subsidiaries, ABC Television, Buena Vista Television, and Valleycrest Productions. The jury found that the defendants had breached their profit sharing contract with Celador and their duty to deal fairly and in good faith with Celador. On September 27, 2010, the U.S. District Court for the Central District of California awarded $50 million in prejudgment interest to Celador, bringing the total to $320 million in damages. On December 3, 2012, the Ninth Circuit Court of Appeals affirmed the entire verdict and awarded the plaintiff its costs on appeal. On February 26, 2013, the Ninth Circuit Court of Appeals unanimously denied Disney’s petition for rehearing and review of the $320 million jury verdict and judgment in favor of Celador. Celador International, Ltd. v. The Walt Disney Company.
Represents Best Buy as lead defense counsel in a number of complex cases. Current matters include deceptive trade practice claims, antitrust claims, and real estate disputes involving leased property.
Represented Medtronic in an employment and trade secrets case. Case established the principle, in the California Supreme Court, that non-compete agreements are enforceable in California despite a statutory bar on such agreements. Advanced Bionics v. Medtronic.
Represented a medical device manufacturer in a breach of contract and antitrust dispute brought by a start-up regarding a medical technology.
Serving as lead counsel in class action litigation brought on behalf of direct and indirect purchasers of chocolate products against four major chocolate makers for an alleged price fixing conspiracy. In Re Chocolate Confectionary Antitrust Litigation, MDL 1935, pending in the Middle District of Pennsylvania.
Represented Best Buy in a purported national class action alleging gender and race discrimination in hiring, pay and promotion. Holloway v. Best Buy.
Represented Best Buy in a certified California class action involving overtime pay for managers. Roberts v. Best Buy.
Served as Class Counsel in a class action involving claims of negligence, fraud and breach of contract against banks and brokerage firms arising from annuities, structured settlements, and long-term payouts of settlement proceeds. In Re Structured Settlement Litigation (2001-2004).
Represented Medtronic AVE in trade secret litigation concerning the Bonneau stent which was the platform for the AVE business. The case was in jury selection when it settled, employing a creative settlement model. The case was then arbitrated to a JAMS judge in San Francisco. DiMassa v. Medtronic AVE.
Represented MTS, a manufacturer of amusement park rides, against allegations of patent infringement brought by patent holder Ride and Show. The patent at issue covers control of the seat movements of a typical amusement park ride. The rides involved in the case were called “Men in Black” and “Cat in the Hat”. After discovery and a Markman hearing, the court issued its claim construction which directly tracked our arguments. Obtained a dismissal with prejudice from the action, with no money paid. Ride and Show v. MTS.
Represents several patent holders of business method patents in litigation against the significant companies in the real estate industry.